In re Feminella

*477OPINION OF THE COURT

Geoffrey J. O’Connell, J.

Frances Feminella makes this ex parte application to the court to be appointed guardian ad litem for Katherine Latanza,' her mother, pursuant to CPLR 1202. A recent decision (Matter of Lainez, 11 Misc 3d 1092[A], 2006 NY Slip Op 50822[U] [Sup Ct, Kings County 2006]) compels this court to consider whether the appointment of a guardian ad litem is appropriate notwithstanding that such guardian lacks the power to settle the pending tort action instituted on her mother’s behalf or to receive any settlement proceeds.

Petitioner’s two siblings, Theresa…